KFLCC Kingdom Law 2nd Ed.

516

FORTUIT

FORSCHEL

FORSCHEIi. A strip of land lying next to the highway. FORSES. Waterfalls. Camden, Brit. FORSPEAKER. An attorney or advo cate in a cause. Blount; Whishaw. FORSPECA. In old English law. Pro locutor; paranymphus. Forstellarius est panpeivm depressor et totins comimuiitatis et patriae pub> licus inimicus. 3 Inst. 196. A forestaller is an oppressor of the poor, and a public en emy of the whole community and country. FORSWEAR. In criminal law. To make oath to that which the deponent knows to be untrue. This term is wider in its scope than "per jury," for the latter, as a technical term, in cludes the idea of the oath being taken before a competent court or officer, and relating to a material issue, which is not implied by the word "forswear." Fowle v. Robbins, 12 Mass. 501; Tomlinson v. Brittlebank, 4 Barn. & A. 632; Railway Co. v. McCurdy, 114 Pa. 554, 8 Atl. 230, 60 Am. Rep. 363. FORT. This term means "something more than a mere military camp, post, or station. The term implies a fortification, or a place protected from attack by some such means as a moat, wall, or parapet." U. S. T. Tichenor (C. C.) 12 Fed. 424. FORTALICE. A fortress or place of strength, which anciently did not pass with out a special grant 11 Hen. VII. c. 18. FORTALITnJM. In old Scotch law. A fortalice; a castle. Properly a house or tower which has a battlement or a ditch or moat about it. FORTHCOMING. In Scotch law. The action by which an arrestment (garnish ment) is made effectual. It is a decree or process by which the creditor is given the right to demand that the sum arrested be applied for payment of his claim. 2 Karnes, Eq. 288, 289; BelL FORTHCOMING BOND. A bond given to a sheriff who has levied on property, con ditioned that the property shall be forthcom ing, i. e., produced, when required. On the giving of such bond, the goods are allowed to remain in the possession of the debtor. Hill v. Manser, 11 Grat. (Va.) 522; Nichols v. Chittenden, 14 Colo. App. 49, 59 Pac. 954. The sheriff or other officer levying a writ of fieri facias, or distress warrant, may take from the debtor a bond, with sufficient surety, pay able to the creditor, reciting the service of such FORSTAI*. See FOBESTAIX.

writ or warrant, and the amount due thereon, (including his fee for taking the bond, commis sions, and other lawful charges, if any,) witS condition that the property shall be forthcom ing at the day and place of sale; whereupon such property may be permitted to remain in the possession and at the risk of the debtor. Code Va. 1887, § 3617. FORTHWITH. As soon as, by reason able exertion, confined to the object, a thing may be done. Thus, when a defendant is ordered to plead forthwith, he must plead within twenty-four hours. When a statute enacts that an act is to be done "forthwith," it means that the act is to be done within a reasonable time. 1 Chit. Archb. Pr. (12th Ed.) 164; Dickerman v. Northern Trust Co., 176 U. S. 181, 20 Sup. Ct. 311, 44 L. Ed. 423; Faivre v. Manderscheid, 117 Iowa, 724, 00 N. W. 76; Martin v. Pifer, 96 Ind. 248. FORTIA. Force. In old English law. Force used by an accessary, to enable the principal to commit a crime, as by binding or holding a person while another killed him» or by aiding or counseling in any way, or commanding the act to be done. Bract fols. 138, 1386. According to Lord Coke, fortia was a word of art and properly signified the furnishing of a weapon of force to do the fact, and by force whereof the fact was com mitted, and he that furnished it was not pres ent when the fact was done. 2 Inst. 182. —Fortia frisca. Fresh force, (q. v.) FORTILITY. In old English law. A fortified place; a castle; a bulwark. Cowell; 11 Hen. VII. c 18. FORTIOR. Lat Stronger. A term ap plied, in the law of evidence, to that species of presumption, arising from facts shown In evidence, which is strong enough to shift the burden of proof to the opposite party. Bur rill, Circ. Ev. 64, 66. Fortior est cnstodia legis quam hom inis. 2 Rolle, 325. The custody of the law is stronger than that of man. Fortior et potentior est dispositio legis quam. hominis. The disposition of the law is of greater force and effect than that of man. Co. Litt 234a; Shep. Touch. 302; 15 East, 178. The law in some cases overrides the will of the individual, and ren ders ineffective or futile his expressed inten tion or contract Broom, Max. 697. FORTIORI. See A FOBTIOBI. FORTIS. Lat Strong. Fortis et sana, strong and sound; staunch and strong; as a vessel. Townsh. PI. 227. FORTLETT. A place or port of some strength; a little fort. Old Nat Brev. 45. FORTUIT. In French law. Accidental; fortuitous. Cos fortuit, a fortuitous event Fortuitment, accidentally; by chance.